New Jersey Statutes 2C:58-35. Gun industry member, engage in public nuisance, prohibited, consequences; reasonable controls
Terms Used In New Jersey Statutes 2C:58-35
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- oath: includes "affirmation. See New Jersey Statutes 1:1-2
- Oath: A promise to tell the truth.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(2) A gun industry member shall establish, implement, and enforce reasonable controls regarding its manufacture, sale, distribution, importing, and marketing of gun-related products.
(3) It shall be a public nuisance to engage in conduct that violates paragraphs (1) or (2) of this subsection.
b. Whenever it appears to the Attorney General that a gun industry member has engaged in or is engaging in conduct that violates subsection a. of this section, the Attorney General may commence an action to seek and obtain: an injunction prohibiting the gun industry member from continuing that conduct or engaging therein or doing any acts in furtherance thereof; an order providing for abatement of the nuisance at the expense of the defendant; restitution; damages; reasonable attorneys’ fees, filing fees, and reasonable costs of suit; and any other appropriate relief.
c. To prevail in an action under this section, the Attorney General shall not be required to demonstrate that the gun industry member acted with the purpose to engage in any public nuisance or otherwise cause harm to the public. The Attorney General shall not be required to demonstrate any special injury to be granted the relief authorized by this section.
d. When it appears to the Attorney General that a gun industry member has engaged in, is engaging in, or is about to engage in conduct that violates subsection a. of this section, or when the Attorney General believes it is in the public interest that an investigation should be made to ascertain whether a gun industry member has in fact engaged in, is engaging in, or is about to engage in conduct that violates subsection a. of this section, the Attorney General may:
(1) require the gun industry member or any other person to file a statement or report in writing under oath or otherwise, as to all the facts and circumstances concerning conduct, and other data and information as the Attorney General deems necessary;
(2) examine under oath any gun industry member or any other person concerning the act or omission;
(3) examine any record, object, book, document, account, or paper as the Attorney General deems necessary; and
(4) pursuant to an order of the Superior Court, impound and retain in the Attorney General’s possession any record, book, document, account, object, or paper that is produced in accordance with this act until the completion of all proceedings in connection with impounded items.
e. To the extent causation is applicable, the conduct of a gun industry member shall be deemed to constitute a proximate cause of the public nuisance if the harm to the public was a reasonably foreseeable effect of such conduct, notwithstanding any intervening actions, including but not limited to criminal actions by third parties.
f. The Attorney General may establish or designate within the Department of Law and Public Safety a unit, bureau, office or division to exercise all functions, powers, and duties of the Attorney General established under or deriving from P.L.2022, c.56 (C. 2C:58-33 et seq.) and which may perform such other functions, powers, and duties vested in the Department of Law and Public Safety as the Attorney General may deem appropriate.
g. Nothing in P.L.2022, c.56 (C. 2C:58-33 et seq.) shall be construed to deny, abrogate, or impair any statutory or common law right, remedy, or prohibition otherwise available to any party, including the Attorney General.
L.2022, c.56, s.3.